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Page:United States Statutes at Large Volume 61 Part 1.djvu/73

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(1 SrAT.] 80TH CONG., 1ST SESS.-CH. 3S- -APR. 16, 1947 estimates or determines that a vacancy will occur in the ensuing twelve- month period." (e) Boards for selection of Nurse Corps officers for recommendation for advancement to the ranks of commander. lieutenant commander, and lieutenant shall be composed of not less than six nor more than nine officers not below the rank of captain on the active or retired list of the Medical Corps: Provided,That in case there is not a sufficient num- ber of officers of the Medical Corps legally or physically qualified to serve on the selection board as herein provided, officers of the line of the active list of the rank of captain may be detailed to duty on such board to constitute the required memberslip. SEC. 207. (a) All provisions of law now existing or hereafter enacted relating to retired officers of the staff corps of the Navy and to the retirement or separation from the active list of such officers, except those provisions relating to the same subject matter provided for in the following subsections of this section, shall be construed to include officers of the Nurse Corps. (b) Each officer of the Navy Nurse Corps who attains the age of fifty-five years while serving in the rank of commander or lieutenant commander and each officer of such corps who attains the age of fifty years while serving in the rank of lieutenant or below, shall be retired by the President on the first day of the month following that in which she attains such age, and, except as otherwise provided in this section, shall be placed on the retired list in the permanent rank held by her at the time of retirement. Nothing contained in this subsection shall be construed to prohibit the transfer, under section 203 hereof, to the Nurse Corps created by this Act of such members of the Nurse Corps, which existed prior to the enactment of this Act, as may have reached the retirement ages specified herein prior to such transfer. (c) An officer of the Navy Nurse Corps, who may be retired for any reason while serving as Director of such corps or subsequent to service as Director while serving in a lower rank, may, in the discre- tion of the President if she shall have served two and one-half years or more as Director, be placed on the retired list in the rank held by her as Director: Provided, That the commissioned officer first appointed as Director of the Navy Nurse Corps, pursuant to this Act, shall without limitation as to the time she shall serve in such capacity, upon retirement be retired with the rank held while so serving, anl shall receive retired pay at the rate prescribed by law compulted on the basis of the base and longevity pay she would have received if serving on active duty with such rank. (d) An officer of the Navy Nurse Corps who shall have served prior to July 1, 1946, in a rank higher than her permanent rank, other than by virtue of appointment as Director of the said corps, shall, when retired for any reason if not otherwise entitled to the same or higher rank, be advanced to the highest rank in which, as determined by the Secretary of the Navy, she served satisfactorily. In any case where, as determined by the Secretary of the Navy, any such officer has not performed satisfactory duty in the highest rank held by her while on active duty, she shall be placed on the retired list with the next lower rank in which she has served but not lower than her perma- nent rank. (e) An officer of the Nurse Corps placed on the retired list in her permanent rank pursuant to subsection (b) of this section shall receive retired pay at the rate of 212 per centum of the active-duty pay to which entitled at the time of retirement multiplied by the number of years for which entitled to credit in the computation of her active- duty pay, not to exceed a total of 75 per centum of said active-duty pay. 95347°-48-pt. 1 -4 49 Selection board. Detail of officers of the line. Laws relating to re- tirement or separa- tion. Post, p. 882. Retirement at ages 55 and 50. Transfers. Retirement of Di- rector. Officer first ap- pointed Director. Service in rank higher than perma- nent rank. Failure to perform satisfactory duty in highest rank. Retired pay.